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Steer clear of Android Market and its DRM

by
brett
Contributions
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Published on
Mar 09, 2011 05:29 PM

Google recently made headlines after they identified some malware
being distributed through the Android Market. Not only did they stop
distributing those apps, but they used their "remote kill switch" to
remove the apps from phones where they were already downloaded. This
is a kind of Digital Restrictions Management (DRM) that all computer
users should avoid.

In this case, the DRM is being used to prevent developers from
breaking phones' security and collecting personal information without
authorization. Those are laudable ends, but they don't justify the
means: anyone using the Android Market gives Google the power to
remove software from their phones, and Google expressly reserves the
right to do so whenever an app violates the Market's policies. The
same functionality is present in Apple's iPhone and the Amazon
Kindle. It's just as bad here.

This is just one problem that stems from the sad fact that the Android
Market is proprietary software. While most of the core Android
operating system is free software, many popular apps like Google Maps
and Android Market that are included with most Android phones are
proprietary. People who want to use an Android phone but avoid these
handcuffs need to take extra care to avoid these apps. Fortunately, unlike the iPhone or Kindle, users can install apps like F-Droid, which make it easy to install and update
more free software on those phones.

Some people have asked us whether the Market's DRM makes it impossible
to distribute GPLed software through the App Store. It's an
understandable question, since restrictions in other mobile app stores
have clashed with the GPL's terms before. These terms do hurt users'
freedom, but they don't create a conflict with the GPL specifically.
The relevant term in the Android Market Terms of Service is
2.4; it says:

From time to time, Google may discover a Product on the Market that
violates the Android Market Developer Distribution Agreement or
other legal agreements, laws, regulations or policies. You agree
that in such an instance Google retains the right to remotely remove
those applications from your Device at its sole discretion.

When we evaluate whether a particular term creates a "further
restriction" that could potentially violate the GPL, we're checking to
see whether it restricts the user from exercising a right granted in
the GPL. This usually happens one of two ways: either the activity is
prohibited outright (e.g., a term says "You may not distribute the
software"), or the term places conditions on that activity that don't
exist in the GPL (e.g., a term says "You must pay us a fee when you
distribute the software").

This specific term does neither of those things. The GPL does grant
users the right to run and use the software, but this term does not
legally, directly restrict that right. Once you have a copy of the
software, you can run it wherever you're able. You'll even be able to
run it on a phone where it was previously banned, if you remove the
Android Market first. The term gives Google some control of your
phone specifically, but it doesn't limit your right to use the
software generally.

To reiterate: that surrender of control still hurts users. It just
does not constitute a "further restriction" under the GPL's terms. We
encourage everyone to avoid using the Android Market because of this.
If you're distributing GPLed software for Android, make sure users can
get it outside the Market—either through your own web site, or
through repositories like F-Droid.